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Forced to draw negative vacation balance California

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  • Forced to draw negative vacation balance California

    Can a company force an employee to take vacation when that employee does not have accrued vacation time? My husband's company is shutting down for Thanksgiving week and will force employees to take vacation, but will not allow employees to take the time without pay. So, for those who may not have enough accrued vacation time, they will end up with a negative vacation balance. Is this leagal in California?

  • #2
    It is to your husband's advantage actually to let him "go negative" as California law prohibits the recovery of any negative vacation/PTO balance should he terminate before he can build it back up to positive.

    In fact, it may even be required by law if the "workweek" doesn't coincide with the calendar week. Is your husband exempt or nonexempt?

    And there are 7 months left before Thanksgiving; how much vacation does he accrue per month? And will Thanksgiving Day (and maybe the day after) be allocated as holiday pay so only 4 (better still, 3) days would need to be charged to vacation?
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      Forced to draw negative vacation

      He is exempt. Thanksgiving and the day after would be holiday pay.

      I thought about the law prohibiting the company from holding the negative vacation pay in his last paycheck should that scenario occur. We just don't like being told how to use our earned vacation and are not the type of people who overdraw...well, anything.

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      • #4
        Unfortunately, they can do that. And legally (at least under federal law) if the week they will be closed is the same as the defined "workweek" (which is why I asked the question), they wouldn't have to pay him at all, since he would not have performed any work in that workweek.

        He can certainly accrue 3 days in 10 1/2 months, I would think. He's been given plenty of notice.
        Last edited by Pattymd; 04-14-2008, 01:27 PM.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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        • #5
          sorry, misposted

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